Ord 1279 - AMENDING THE ZONING ORDINANCE EFFECTING ZONE CHANGE NO. 147 FROM R- 1:40,000 AND R- M :5 -12 to R- M:5 -12 -PDORDINANCE NO. 1 279
AN ORDINANCE OF THE TOWN OF LOS GATOS
AMENDING THE ZONING ORDINANCE EFFECTING
ZONE CHANGE NO. 147 FROM
R- 1:40,000 AND R- M :5 -12 to R- M:5 -12 -PD
THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES ORDAIN:
SECTION 1.
The Zoning Ordinance of the Town of Los Gatos is amended to
change the zoning of property shown on the map attached hereto
and made a part of this ordinance and which for descriptive
purposes is designated Parts A and B.
Part A : / gross acres are rezoned from R -1 :40,000
(Single Family Residential, 40,000 square foot minimum
lot size) to R- M:5 -12 -PD (Multiple Family Residential,
5 -12 dwelling units per net acre - Planned Development).
Part B: 3.3 gross acres are rezoned from R- 1:40,000
(Single Family Residential, 40,000 square foot minimum
lot size) and R- M :5 -12 (Multiple Family Residential,
5 -12 dwelling units per net acre) to R- M:5 -12 -PD
(Multiple Family Residential, 5 -12 dwelling units per
net acre -- Planned Development) .
SECTION 2.
The PD (Planned Development Combining) Zone established by
this ordinance authorizes development in accordance with the
following rules:
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Part A
Density Part A may contain a senior citizen project.
Density is limited to a maximum of 27.69 senior citizen
dwelling units per net acre (based on Housing Element
Policy, Section IV, Part C, adopted February 19, 1974,
using a conversion factor of 1.3 persons per senior
citizen dwelling unit).
S enior Citizen Age Limitation Residence in this
project shall be restricted to persons who are sixty
years of age or older, or married couples living together
when at least one spouse is sixty years of age or older.
(Zoning Ordinance Section 3.72.5, Ordinance 1096.)
Higher minimum age limits established by private
restriction are permissible.
Off - Street Parking Off- street parking shall be provided
at the rate of at least one stall for each dwelling unit
plus 10 stalls.
Vehicle Trips Per Day In no event is any development
or combination of developments permitted under the
provisions of the Planned Development Ordinance or of
the underlying zone which will exceed 571 vehicle trips
per day. 3.5 vehicle trips per dwelling unit per day
is hereby determined to be the number of vehicle trips
per day that the senior citizen condominium will cause.
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As is the case with the senior citizen condominium,
the number of vehicle trips per day that any development
under the provisions of the underlying zone will cause
shall be determined in advance by means of evidence
including estimates by competent experts at any development
approval hearing to be held under the provisions of the
zoning ordinance.
Part B
Vehicle Trips Per Day In no event is any use or
combination of uses permitted under the provisions of the
Planned Development Ordinance or of the underlying zone
which will exceed 235 vehicle trips per day. The number
of vehicle trips per day any such development will cause
shall be determined in advance by means of evidence
including estimates by competent experts at any development
approval hearing to be held under the provisions of the
zoning ordinance.
Part A. &B
Emergency Access Emergency access shall be provided by
the developer from Alberto Way to Bella Vista Avenue,
constructed to the following standards: The width of the
road shall be 18 feet with 3 foot shoulders on either
side; the grade shall not exceed 15 percent; the inside
radius of turns shall be 42 feet; a 15 foot minimum
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overhead clearance shall be kept at all times, and
- the road surface shall be constructed to sustain
35,000 pounds loading.
Project Area Project area is the gross area less all
public and private streets.
SECTION 3.
Uses and Improvements Authorized
The Planned Development (PD Combining) Zone established by
this ordinance authorizes development as follows:
PART A
a. 162 individually -owned senior citizen condominium
dwelling units on 5.852 net acres.
b. 172 off- street parking stalls.
C. Commons buildings containing the following:
1. Dining room and kitchen.
2. Maid and linen areas.
3. Central maid linen and laundry.
4. Beauty salon and barber shop.
5. Administrative offices and lobby.
6. Vending area.
7. Hobby and craft area.
8. Health spa.
9. Common residents laundry.
d. Outdoor commons areas, including:
1. Putting green.
2. Badminton.
3. Horseshoe pits.
4. Community gardens.
5. Shuffleboard.
6. Swimming pool.
e. Alternatively, those uses as specified in Article 6 -1
R- Ma5-12 (Multiple Family Residential, 5 -12 dwelling
units per net acre) Zone District, in accordance
with all provisions thereof.
Part B
a. An emergency access roadway as described in Section 2
herein.
b. Those uses as specified in Article 6 -1 R- M:5-12
(Multiple Family Residential, 5 to 12 dwelling units
per net acre) Zone District in accordance with the
provisions thereof.
SECTION 4.
Official Development Plan
Prior to the issuance of any permits in compliance with the
Official Development Plan hereby approved, precise plans shall be
submitted to and approved by the Planning Commission of the Town
of Los Gatos pursuant to Section 20.11 of the Zoning Ordinance.
The "Official Development Plan" for the Planned Development
Combining District established by this Ordinance consists of this
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Ordinance and the following listed plans (approved stamped,
December 1, 1975
) , which are those required for
compliance with Sections 20.6 through 20.9 of the Town Zoning
Ordinance, and are on file in the Office of the Town Clerk and
the Office of the Town Planning Department.
Sheet 1: "Site Context" illustrating the project site in
relationship to surrounding properties (stamped date of receipt
November 4, 1975).
Sheet 2 "Sketch and Typical Plan Elevations illustrating
a typical 30 -unit cluster floor plan, single story units floor
plan, and sketch of building elevation.
Sheet 3: "Tentative Site Land Us Plan" illustrating Part A
site plan including traffic circulation, parking location, cluster
design recreational facilities and land area calculations.
Sheet 4 : Plan showing the emergency access road from Alberto
Way to Bella Vista across Part B including sections and effects of
grading and retaining walls.
SECTION 5.
Performance Standards
In addition to the foregoing plans, the following performance
standards are part of the "Official Development Plan ":
1. The conditions, covenants, and restrictions shall
be submitted for approval in conjunction with the tentative
subdivision map and the Precise Development Plan.
2. The building setbacks from the boundaries of Part A
shown on the "Official Development Plan" shall be
considered as minimum in preparation of the Precise
Development Plan and the Architecture and Site
Committee shall pay particular attention to the distance
between the paved areas and the structures and other
structures in determining the livability of the units,
without changing the number of units or of parking spaces.
3. All areas paved for automobiles, except -the emergency
access, shall be separated from landscaped areas with
a 6" high concrete curb.
4. Occupant age restrictions are subject to the following®
A. The conditions, covenants and restrictions or any
similar document for the project on Part A shall
include an age restriction - stating the limitation
specified in this ordinance in language satisfactory
to the Town Attorney, with a further provision that
the age restrictions shall not be amended except by
consent of the Town Council expressed in a written
resolution, and that such restriction shall have
priority over all liens and encumbrances on the
Part A. property.
B. The owners of Part A shall by separate, recorded
instrument agree with the Town on their own behalf
and in a manner binding their successors in interest
that the land will be subject to the foregoing age
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restrictions until the Town consents otherwise,
and that in the event of litigation to enforce the
restrictions they and their successors will pay the
Town expenses and attorney's fees.
5. Street and Road Work
A. Emergency Road Construction
Construction of the emergency access road on Part B,
including landscaping on all cut or fill slopes, shall
be completed:
1. Before any building permit is issued for the
thirty - seventh dwelling unit on Part A,
2. Before any permit is issued for construction of
any building on Part B, except a permit to
reconstruct or remodel any building which exists
on Part B on the effective date of this ordinance,
3. In any event, within 18 months of issuance of
any building permit for construction on Part A.
B. Emergency Road Maintenance
Owners of Parts A and B shall enter into an agreement
with the Town binding themselves and successors in
interest jointly and severally to maintain the
emergency access road in good condition in perpetuity.
The agreement shall run with the land, shall be
recorded, shall include provisions that in the event
of default the Town may perform reasonable
maintenance work and that the amount of the cost
of such work shall be a lien against Part A and B
with provisions for foreclosure. Recordation shall
take place concurrently with a recording of the
subdivision map.
C. Alberto Way Construction
1. Construction of Alberto Way as far northerly as
the turnaround adjacent to the commons building
shall be completed before any occupancy permit
is issued for any building on Part A or B, except
buildings which are also the subject of the
Part 5 A 2 exception.
2. Construction of Alberto Way as far northerly
as the northerly boundary of Part A shall be
completed according to the same schedule as the
emergency access road.
6. The emergency access road may not be used as a construction
road.
7. Barricades or gates are required to be constructed across
the emergency access road. Details shall be submitted
with and shall be subject to review with the Precise
Development Plan.
8. The exact number of carports shall be determined
during the preparation of the Precise Development Plan,
the Architecture and Site Committee in their review
of the Precise Development Plan may require carports
and landscaping to break up large paved areas.
9. The height of all buildings or other structures on Part
A shall be within the limits provided in Section 6- 1.1l.a
of the Zoning Ordinance.
10. The main commons building shown on the approved plans
must be constructed and completed concurrently with the
first 36 dwelling units.
11. Development of Part B shall be in accord with.Article 6 -1,
RM Multiple Family Residential Zone except as regulated
herein.
12. In the course of any proceeding to subdivide the 10.3
acre property, the owners of Parts A and B shall dedicate
or procure the dedication of:
A. A 54 foot wide public street for the extension of
Alberto Way to the northerly line of the subject
property as shown on the approved plans, subject
to any non - access or similar reservation as the Town
may hereafter require as a condition of subdivision
at the northerly terminus thereof.
B. The emergency access easement from Alberto Way
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to Bella Vista Avenue as shown on the approved plans.
The easement shall provide that the Town of Los
Gatos and all public agencies have a nonexclusive,
perpetual right -of -way for all forms of emergency
traffic, both vehicular and pedestrian, and that in
time of emergency the general public will have a
similar right. The instrument of conveyance will be
subject to approval of the Town Attorney and will
further provide that:
1. While the owners of the servient land may use
the easement area for a driveway, they will never
obstruct it in any way that will interfere with
the described emergency uses;
2. The Town of Los Gatos will have the right to
install and maintain gates at each end of the
easement, and the owners of the servient land will
keep such gates shut and locked to the extent that
closure of the easement is required by Resolution
of the Town Council,which Resolution may be amended
from time to timelprovided further that the design
of the gates and locks will not be such as to
interfere unreasonably with use of the servient
land, and that if any change in the use of the
servient land occurs which would require more
elaborate -- for example, automatic -- gates,
son
replacement or modification of the gates will
be done at the expense of the owners of Part B;
3. The Town shall have the right to maintain the
easement;
4. The provisions concerning the Town's right to
install or maintain facilities shall not be
construed to relieve the owners of Parts A and B
from any duty imposed on them by this ordinance
or other Town approval.
13. The owner of Part A shall guarantee, by contract and
bond, subject to such reimbursement provisions concerning
development of the property northerly of the subdivision
as may be made in the approval of the subdivision map or
maps contemplated by this ordinance, the installation of:
A. Standard street improvements on Alberto Way to the
northerly line of the subject property, including curb
and gutter and standard street lights on both sides,
full pavement (34 feet curb -to- curb), sidewalk west
side only, storm drainage and sewer.
B. Construction of an emergency access road to the
standards of the Central Fire District and the Town
Engineer.
C. Installation of storm drain and sewer systems with
provisions for service to the adjacent parcels shall
be constructed to the satisfaction of the Town Engineer.
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14. The owner of Part A shall participate in the cost of
installation of traffic signals at the intersection of
Alberto Way and Saratoga Avenue by making a payment to
the Town of an amount equal to one- eighth of the signal
cost.
15. A minimum of 200 square feet of private open space shall
be provided for all ground floor units and shall be under
the control of the owners of the ground floor units and
all second story units shall have a minimum balcony area
of 70 square feet.
SECTION 6.
This ordinance shall take effect and shall be in force thirty
(30) days after the date of its adoption. The Town Clerk of the
Town of Los Gatos shall cause this ordinance to be published once
within fifteen (15) days after its adoption, in the Los Gatos
Times - Saratoga Observer, a newspaper of general circulation,
published and circulated in the Town of Los Gatos.
The above and foregoing ordinance was duly and regularly
introduced at a regular meeting of the Town Council of the Town
of Los Gatos held on the 1st day of
1975.
December ,
PASSED AND ADOPTED as an ordinance of the Town of Los Gatos,
California, at a regular meeting of the Town Council, held on
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the 15th day of December 1975, by the following
vote:
AYES: COUNCIL MEMBERS Ruth
Cannon
Mark
B. D1Duca
John
B. Lochner
Albert B. Smith
Egon
Jensen
NOES: COUNCIL MEMBERS None
ABSENT: COUNCIL MEMBERS None
SIGNED: MAYO OF THE'TOW1 OF LOS GATOS
ATTEST:
o
CLERK P THE OWN F L09 GATOS
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CA L t - i' ^,
TOWN or LQS---.) GATOS-)
Application No. E- 7!5 -.ro Change of zoni map
Amending Ordinance 867 of Town Zoning Ordinance
E Zone Change.
CI Prezonint!
from
t o .:�2 a�
to
Approved by Planning Commission date ZL /2 - �
Approved by, Town Cou . it date 1 2 -15 -7s Or �1 1279
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Town Clerk r� %�x,�,-r -��-� Mavor f�
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